Terms of Service

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Birdseye (“Company,” “we,” “our,” or “us”). Your continued use of Birdseye constitutes ongoing acceptance of these Terms, including any updates we make. We will notify you of material changes via email or in-app notice.

2. Description of Service

Birdseye is a macOS desktop application that displays your Google Calendar events in the macOS menu bar. The Service includes:

• The Birdseye macOS desktop application
• Our hosted API, which syncs and stores your calendar data
• Integration with Google Calendar via OAuth 2.0
• User authentication via Auth0

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, although we will make reasonable efforts to notify you of significant changes.

3. Eligibility

You must be at least 13 years old to use Birdseye. By using the Service, you represent that you are 13 or older and that you have the legal capacity to enter into this agreement. If you are using Birdseye on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Account Registration

You must create an account to use Birdseye. You agree to:

• Provide accurate and complete registration information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activity that occurs under your account

We reserve the right to terminate accounts that are created with false information or used in violation of these Terms.

5. Subscriptions, Billing, and Payment

Free Trial

We offer a 7-day free trial for new users. No payment information is required to start the free trial. At the end of the trial period, continued access to the Service requires a paid subscription.

Subscription Fees

The current subscription price is $4.99 per month (or as otherwise displayed at checkout). Fees are billed in advance on a monthly basis. All fees are stated in US dollars and are non-refundable except as expressly stated in these Terms or required by applicable law.

Payment Processing

Payments are processed by Stripe. By providing payment information, you authorize us (through Stripe) to charge your payment method for the applicable subscription fee. You represent that you are authorized to use the payment method you provide.

Renewals and Cancellation

Subscriptions renew automatically at the end of each billing period unless cancelled. You may cancel your subscription at any time from within the Birdseye app or by contacting us. Cancellation takes effect at the end of the current billing period; you will retain access through the end of the period for which you have already paid. We do not provide prorated refunds for partial billing periods.

Price Changes

We may change our subscription price by giving you at least 30 days' advance notice. Your continued use of the Service after the price change takes effect constitutes your agreement to pay the updated price.

Taxes

You are responsible for any applicable taxes, levies, or duties imposed in connection with your subscription. Stripe may collect and remit taxes where required.

6. User Responsibilities and Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of Birdseye
• Attempt to gain unauthorized access to any portion of the Service or its related systems
• Use the Service to transmit malware, spam, or harmful code
• Interfere with or disrupt the integrity or performance of the Service
• Resell, sublicense, or commercially exploit the Service without our written permission
• Scrape or systematically extract data from the Service beyond normal application use

7. Google Calendar Integration

By connecting your Google account, you grant Birdseye permission to access your Google Calendar data as described in our Privacy Policy and consistent with the permissions you authorize via Google OAuth. You can revoke this access at any time from within Birdseye or from your Google Account security settings. Birdseye's use of Google user data is limited to the purposes disclosed in these Terms and our Privacy Policy, and is consistent with Google's API Services User Data Policy.

8. Intellectual Property

The Service, including all software, design, trademarks, and content, is owned by Birdseye and is protected by applicable intellectual property laws. These Terms do not grant you any ownership rights in the Service. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Birdseye application solely for your personal, non-commercial use, subject to these Terms.

“Birdseye,” the Birdseye logo, and related marks are trademarks of Birdseye. You may not use them without our prior written permission.

9. Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

10. Third-Party Services

Birdseye integrates with third-party services including Google (Calendar API), Auth0 (authentication), and Stripe (payments). Your use of those services is governed by their respective terms of service and privacy policies. We are not responsible for the practices or content of any third-party service.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR DATA PROVIDED THROUGH THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIRDSEYE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN ANY CASE, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) $10.00 USD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless Birdseye and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. You may terminate your account at any time by cancelling your subscription and ceasing use of the Service. Provisions of these Terms that by their nature should survive termination will survive, including sections on intellectual property, disclaimer of warranties, limitation of liability, and governing law.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. To the fullest extent permitted by law, you waive your right to a jury trial in any dispute arising from these Terms or the Service.

16. Changes to These Terms

We may update these Terms at any time. When we make material changes, we will notify you via email or an in-app notice at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Service.

17. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Birdseye regarding the Service and supersede all prior agreements. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision does not constitute a waiver. You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

18. Contact Us

Questions about these Terms? Contact us at:

Email: legal@birdseye.app
Website: https://birdseye.app